To: Penny Nelson, Director-General of Conservation
Date: 13 July 2023

As you know, the state of conservation management planning is a matter of significant concern to the Authority, given the large number of conservation management strategies (CMSs) and conservation management plans (CMPs) that are very overdue for review.

As a result of these reviews not having been carried out, many CMSs and CMPs are out of date and do not address critical issues, risks and opportunities, including consistency with section 4 of the Conservation Act. This is of significant concern given the requirement for the Department to administer and manage all conservation areas and natural and historic resources in accordance with CMSs and CMPs (s 17A), and the role that CMSs and CMPs play in decisions on concessions (ss17U and 17W).

During our last meeting, the Authority noted that there is a statutory requirement that CMSs and CMPs are reviewed as a whole by the Director-General, not later than 10 years after the date of the approval of the strategy or plan (s 17H(4)(b)). As far as the Authority is aware:

The following CMSs have not been reviewed within a 10-year period following their approval:

1. 1. BOP (approved 1997)
   2. East Coast/Hawkes Bay (approved 1998)
   3. Wanganui/Whanganui (approved 1997)
   4. Tongariro/Taupo (approved 2002)
   5. Nelson/Marlborough (expired 1996)
   6. West Coast Tai o Poutini (approved 2010)
   7. Stewart Island/Rakiura (approved 2011)
   8. Chatham Islands (approved 1999)

The following CMPs have not been reviewed within a 10-year period following their approval:

1. 1. Abel Tasman Foreshore Scenic Reserve (approved 2012)
   2. J M Barker (Hapupu) National Historic Reserve (approved 2000)
   3. Kaimanawa Forest Park (approved 2007)
   4. Kaweka Forest Park (approved 1991)
   5. Molesworth R4ecreation Reserve (approved 2013)
   6. Pukekura (Taiaroa Head) Reserves (approved 2013)
   7. Pukenui Forest – Ngahere o Pukenui (approved 2009)
   8. Te Tapui Tokotoru (approved 2008)
   9. Te Waihora Joint (approved 2005)
   10. Te Waikoropupu Springs (approved 2009)

The Conservation Act provides that:

1. 1. in the case of a CMS, the Minister may extend the period of review after consultation with the Authority.
   2. In the case of a CMP, the Minister may extend the period of review after consultation with the Conservation Board affected.

The Authority has not been consulted with respect to the extension of the period of review for any CMS and is not aware of any decisions by the Minister extending the period of review for any CMS or CMP (there may have been early decisions that the Authority is not now aware of, but we don’t believe there have been any in recent years).

In our view, this approach is untenable. It represents a significant legal risk for the Minister and Director-General and - more substantively - it does not respect the intention of the Act that the Authority or the relevant Conservation Board must have input into any decision to extend the period for reviewing a CMS or CMP beyond the statutory 10-year maximum period.

We request that you brief the Minister on the s 17H requirement for extensions of review periods to be extended by the Minister following consultation, and that the Minister then initiates consultation with the Authority and affected Consultation Boards in relation to all necessary extensions. The Authority considers that extension decisions must be supported by appropriate reasons and must accord with achieving the purpose of the Conservation Act. We would therefore expect consultation on an extension to be supported by analysis demonstrating those matters.